ORDER :- The interesting question, which may often come up for consideration and which is involved in this application, is whether the suit for recovery of the amount due on a mortgage of property situated outside the territorial jurisdiction of this Court, is a suit for land.

2. Appln. No.1974 of 1981 is by the plaintiff for leave to institute this suit on the allegation that as the title deeds were deposited at Madras, the part of cause of action arose within the local limits of this Hon'ble Court's ordinary original jurisdiction and that notwithstanding the property being outside the local limits, the suit is not for land. The application is laid under Cl.12 of the Letters Patent. The said provision reads as follows :-

12. Original jurisdiction as to suits-

And we do further ordain that the said High Court of Judicature at Madras, in exercise of its ordinary original civil jurisdiction, shall be empowered to receive, try, and determine suits of every description if, in the case of suits for land or other immovable property such land or property shall be situated, or, in all other cases, if the cause of action shall have arisen, either wholly, or, in case the leave of the